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Location: Indianola, Washington, United States

Saturday, July 23, 2005

Why won't the AG's office identify who's conducting the Kitsap County investigation?

On July 6, the Kitsap County Prosecutor announced that he was asking the Attorney General to conduct an investigation into possible public records law violations by Kitsap County (apparently uncovered while processing a public disclosure request that I submitted on June 24).

On July 7, I emailed the AG's Public Records Officer, asking "can you identify the individuals in your office, and at the Washington State Patrol, to contact about this investigation?"

On July 8, I received the following response from Assistant AG Greg Overstreet:

"I am the Attorney General's public records ombudsman. I received your July 7, 2005 inquiry about Kitsap County. As you know, the Kitsap County Prosecuting Attorney asked the Attorney General's Office to investigate this issue. Since your inquiry and the Prosecuting Attorney's center on the same issue, I will respond to your inquiry with the completed investigation when it is complete."

Note that Mr. Overstreet did not answer my question about who to contact about the investigation.

Subsequently, I cc'd several emails to Mr. Overstreet that I thought contained information that might be useful to the investigators. Mr. Overstreet responded by saying that they would be forwarded to the "right person."

On July 14, I emailed Mr. Overstreet:

"Greg, I have some info I'd like to fax to the investigators. Do you have a number that I can use for that?"

Instead of providing the fax number of the investigators, on July 15, Mr. Overstreet replied:

"Best thing to do is send them to me and I'll get them to the right person. My fax number is (360) 664-0228."

On July 18, I called the State Patrol, asked who I could talk to about the Kitsap investigation and was told to contact the AG's office. I called Mr. Overstreet's number, left a message, then sent him an email:

"I called to ask for contact information for the person(s) in the AG and state patrol who're working on the investigation."

On July 18, Mr. Overstreet replied:

"I'm not sure if we give out the contact information for the WSP investigators. However, I am forwarding this on to the person will know and, if he can, will forward your email to right person at WSP."

Note that Mr. Overstreet did not respond to my request for contact information "for the person(s) in the AG ... who're working on the investigation."

On July 19, I emailed the following public records request to Mr. Overstreet:

"Greg, pursuant to RCW 42.17, please provide me with copies of:

"1) your communication "to the person will know" (about contacting WSP investigators), as referenced in your last email, dated July 18, 2005, re: Kitsap County investigation.

"2) your communication to the "right person," as referenced in your July 15, 2005, 12:00 PM, email to me regarding documents I later faxed to you.

"3) your communication to "the right person working on the investigation," as referenced in your July 14, 2005 10:26 AM, email to me."

Mr. Overstreet has not yet responded to my request.

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